Verse 3.31

Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:

ज्ञातिभ्यो द्रविणं दत्त्वा कन्यायै चैव शक्तितः ।
कन्याप्रदानं स्वाच्छन्द्यादासुरो धर्म उच्यते ॥ ३१ ॥

jñātibhyo draviṇaṃ dattvā kanyāyai caiva śaktitaḥ |
kanyāpradānaṃ svācchandyādāsuro dharma ucyate || 31 ||

When one carries away the maiden, after having given, of his own will, as much wealth as the (he?) can to the kinsmen, as well as to the bride herself, this is called the “Āsura” form.—(31).

 

Medhātithi’s commentary (manubhāṣya):

‘Kinsmen.’—the father and other relations of the bride.

‘As well as to the bride;’—i.e., by way of ‘dowry.’

The compound ‘Kanyāpradāna’ is to be expounded as ‘Kanyāyāḥ āpradānam’—the meaning being ‘the carrying away of the maiden.’ This constitutes the ‘Āsura’ form of marriage.

Of his own will;—i.e., in any manner he may chose; not according to rules laid down in the scriptures. This is what distinguishes this from the ‘Ārṣa’ form. In the latter, the scripture restricts the gift to ‘a cow and a bull’ only; while in the present case, the ‘wish’ of the giver shall depend upon the beauty, the character and such other qualities of the bride.—(31).

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vīramitrodaya (Saṃskāra, p. 852), where it explains ‘Āpradānam’ as ādānam grahaṇamiti yāvat, i.e., ‘taking’;—and ‘Svācchandyāt’ as ‘of his own free will, not in obedience to the wish of the bride’s father,’ his right over her having been created by purchase.

Smṛtitattva (I, p. 593) quotes the verse and refers to Kullūka Bhaṭṭa as explaining ‘āpradānam’ as ‘taking of the girl’; and it explains ‘svācchandyāt’ as ‘by his own will.’

It is quoted in Hemādri (Dana, p. 685);—and in Smṛticandrikā (Saṃskāra, p. 229), which explains ‘āpradānam’ as ‘ādānam’, ‘taking’, and ‘svācchandyāt’ as ‘at one’s will’, irrespectively of the willingness or otherwise of the gill, thus differing from the ‘Gāndharva’ in which both are willing.

 

Comparative notes by various authors

Gautama (4. 11).—‘When the acquiescence of the bride’s guardians is secured by means of wealth, it is the Āsura form.’

Baudhāyana (1.11.7).—‘It is the Āsura which is performed after satisfying with wealth (the girl and her guardians).’

Āpastamba-Dharmasūtra (2.12.1).—‘When one takes away the bride after having given as much wealth as he can, it is the Āsura form.’

Vaśiṣṭha (1.35).—‘When one obtains a girl who has been purchased with wealth after staking, it is the Mānuṣa form.’ [Manuṣa is another name for ‘Āsura,’ says the Vīramitrodaya Saṃskāra, p. 853.]

Viṣṇu (24.24).—‘Marriage by purchase is Āsura.’

Yājñavalkya (1.61).—‘The Āsura is that which is brought about by the acceptance of wealth.’

Āśvalāyana-Gṛhyasūtra (16.1.6.).—‘When one marries a girl after having satisfied her with wealth, it is the Āsura form.’

Paiṭhīnasi (Vīramitrodaya-Saṃskāra, p. 853).—‘When the parents give away the girl, selling her for a fee, it is ṭhe Āsura form.’

Hārīta. (Do.).—‘When the girl is given away to a man who is suspected, by other people, of hypocrisy and deceit,—it is the Āsura form.’